(a) Any teacher, prior to July 1, 1972, who became disabled and who was retired on a service retirement allowance rather than under a disability because the teacher had met the conditions of service retirement, may have the benefit recomputed under the applicable disability provisions in effect on June 30, 1972; provided, that proper documentation as required by the board of trustees is furnished by the retiree and approved by the board.

Terms Used In Tennessee Code 8-36-509

  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
(b)

(1) The increase in benefits, if any, shall commence with the month following the approval of the application by the board of trustees.
(2) Any increase in benefits provided by this section shall be in addition to any increases previously or hereafter provided by any cost-of-living provisions, § 8-36-701 or §§ 8-36-708 – 8-36-712, or any other increases in benefits effective prior to August 1, 1974.
(3) Any retiree who applied for increased benefits under this section prior to July 1, 1974, shall receive a retroactive recomputation as herein provided, and a lump sum payment effective from the date the application was approved by the board of trustees.
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